Mondaq All Regions: Litigation, Mediation & Arbitration
In the latest legal development impacting the temporary foreign workers program, the Federal Court struck out an attempt by the United Steelworkers Union to challenge Labour Market Opinions issued for the hiring of temporary foreign workers.
It should not come as a surprise to anyone that the terms of a contract matter. Courts, however, are sometimes inclined to base the obligations of contracting parties on what the court perceives to be "reasonable" or "fair" rather than on what the terms of the contract actually say.
A summary of Lerners' Top 5 Ontario civil appeals decisions from April, 2013.
In a recent decision, the Federal Court of Appeal provides a useful reminder of the extent to which the solicitor-client privilege applies to policies agreed upon by several parties.
Top 5 Civil Appeals from the Court of Appeal (May 2013)
In a recent decision, the Divisional Court of Ontario further confirmed the approach to, and difficulty with, "misclassification" overtime class-actions.
A discussion on whether a party that has failed to consummate a transaction can get back a deposit.
The Supreme Court of Canada heard arguments this week in three cases of interest to Canadian business and professions, and reserved judgment in each.
The Arbitration Bill 2013 was gazetted by the government of the Hong Kong Special Administrative Region on March 28, 2013.
In an earlier post CIS Arbitration Forum reported that Ukraine was ordered to pay in the region of EUR 3 million to German investors in Inmaris Perestroika Sailing Maritime Services GmbH and others v Ukraine.
The Court of Appeal recently held that judgments obtained previously by RBS in the Commercial Court against Highland had been obtained by fraud.
Plaintiffs in some TCPA class actions have taken the position that companies are strictly liable for any violation of the TCPA by third parties that make calls or send faxes on the companies’ behalf (such as third-party marketers or debt collectors).
Focusing on precision rather than recall, district court finds that process complies with discovery obligations.
The Ninth Circuit’s decision last year in Mazza v. American Honda Motor Co. [666 F.3d 581] (a case I argued) made it more difficult to sustain a nationwide class action under California consumer protection laws.
As Memorial Day approaches, the Respect for Marriage Coalition hosted a conference call that included Former Congressman, Army Captain, and Iraq War Veteran Patrick Murphy.
With the economy dragging and jobs difficult to come by, students who might otherwise have obtained paying jobs have increasingly turned to unpaid internships as a way to gain relevant experience and enhance their resumes.
These cases reflect yet another cautionary tale that federal officials and private fair housing entities continue to be on the lookout for actions perceived to be discriminatory and which might violate the FHA.
In a recent case the Georgia Supreme Court held that Georgia law does not recognize the inevitable disclosure doctrine as an independent cause of action for trade secret misappropriation.
Under Fed. R. Civ. P. 26(b)(3)(B), a court concluding that an adversary can overcome a litigant's work product protection "must protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of a party's attorney or other representative concerning the litigation."
In the American legal system, attorneys’ fees and costs are not recoverable as damages unless expressly authorized by statute.
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The decision highlights the importance of timing and the need to serve Calderbank offers once evidence has been served.
The 2010 theft of an unencrypted laptop containing confidential health care information made front-page news in 2013, not because a huge number of patients were affected, but for the exact opposite reason.
Back in July 2012, we covered "PVYW v Comcare" (No 2), [2012] FCA 395, which concerned an employee in the HR department of an Australian government agency who was injured on a work-related trip to a country town in New South Wales.
Assume you are a business owner. You purchased certain computer software last year which you hoped would improve productivity, but which you now realize your business no longer uses or needs.
The Part I of the Arbitration Act is applicable only to all the arbitrations which take place in the territory of India.
A discussion on the key aspects lawyers should be aware of, and consider when conducting a negotiation.
The Court considered the circumstances when exemplary damages would be awarded in professional negligence proceedings.
The selection criteria for In House Counsel choosing mediators is 'a-changin'.
As part of the Patient Protection and Affordable Care Act, more commonly known as Obamacare, Congress also passed the Physician Payment Sunshine Act.
On April 29, 2013 the Supreme Court issued one decision, described below, of interest to the business community.
